Regular Council Meeting Minutes February 6, 6:30 PM Council Chambers, 12 th Street, City Hall City of South Morrissey, TX

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1 Regular Council Meeting Minutes February 6, 6:30 PM Council Chambers, 12 th Street, City Hall City of South Morrissey, TX Mayor Smith called the meeting to order at 6:30 p.m. with the following present: Governing Body Present: Michelle Distler Jim Neighbor Matt Zimmerman Dr. Mike Kemmling Eric Jenkins Stephanie Meyer Justin Adrian Mickey Sandifer Governing Body Absent: Lindsey Constance Staff Present: Vicki Charlesworth - Interim City Manager Ellis Rainey - City Attorney Stephen Powell - City Clerk Doug Wesselschmidt - Development Services Director Doug Whitacre - Public Works Director John Mattox - Fire Chief Maureen Rogers - Finance Director Neil Holman - Parks & Recreation Director Paul Chaffee - Planning Director Caitlin Gard - Assistant Public Works Director Bert Schnettgoecke - Sr. Project Engineer Dave Holtwick - Business Liaison INVOCATION AND THE PLEDGE OF ALLEGIANCE The invocation was given by Mayor Smith and the Pledge of Allegiance was led by Chief of Police Fiona Sires. CITIZEN COMMENTS: John Bigsby addressed Council stating his home was the only home recently annexed on the north side of the airport by the City of South Morrissey. He states he feels singled out, and is here to request that his home be disannexed from the City. Mr. Bigsby requests to receive the same fire services, emergency services, and roads services as his neighbors. PUBLIC HEARING: None. CONSENT AGENDA: A. APPROVAL OF MINUTES: Minutes of the December 18, 2017, Joint Special Meeting held at 6:30 p.m.

2 Minutes of the January 8, 2018, Special Meeting held at 5:30 p.m. B. Consideration and Possible Action Resolution No. R A Resolution of the City Council of the City of South Morrissey, Texas, approving a change order with Construction Masters of Houston, Inc., in the amount of $87, associated with the Delores Fenwick Nature Center Project (Fire Protection Improvements). C. Consideration and Possible Action Resolution No. R A Resolution of the City Council of the City of South Morrissey, Texas, renewing a Unit Supply Contract for traffic signal heads and components with Traffic Parts, Inc., in the estimated amount of $100, for the period of February 28, 2018 through February 27, D. Consideration and Possible Action Resolution No. R A Resolution of the City Council of the City of South Morrissey, Texas, authorizing conveyance of Special Warranty Deed for the West Conveyance Pond to the Lower Kirby South Morrissey Management District ( LKPMD ) and South Morrissey Municipal Management District No. 1 ( PMMD No.1 ). E. Consideration and Possible Action Resolution No. R A Resolution of the City Council of the City of South Morrissey, Texas, authorizing an Interlocal Agreement between the City and Texas Department of Transportation ( TxDOT ), in the estimated amount of $4, for materials testing services associated with the Max Road Expansion Project (Hughes Ranch Road to Smith Road). F. Consideration and Possible Action Resolution No. R A Resolution of the City Council of the City of South Morrissey, Texas, amending a Seismic Testing Permit for Denbury Onshore to include an additional 2.5 square miles of testing area (generally located south of Bailey Road along SH 35 to CR 414). No: Councilmember Artsmouth, NEW BUSINESS: Consideration and Possible Action First Reading of Ordinance No An Ordinance of the City Council of the City of South Morrissey, Texas, temporarily suspending certain development regulations related to the renovation, remodeling, and expansion of facilities owned and maintained by the South Morrissey Independent School District ( District ) to assist the District in expeditious implementation of its 2016 bond program. Clay Pearson City Manager stated the City has a section provided in the Unified Development Code to provide several exemptions to "Public Educational Facilities" Staff recommends approval of Ordinance No permitting the temporarily suspension of certain development regulations related to the renovation, remodeling, and expansion of facilities owned and maintained by the South Morrissey Independent School District to assist the District in expeditious implementation of its 2016 bond program. Councilmember Perez stated he has had conversation with Staff and with some of the Trustees he has concern with treating the school different from everybody else. The other major school district in our area has never requested a waiver, or variance for any of their requirements. He is disappointed, and has a tough time voting for something that is a complete and total waiver of significant components of the City's

3 criteria which are very easy to comply with. It is not appropriate to vote on this item without some sort of resolution from the school board making this request. Councilmember Mackey stated he agrees with Councilmember Perez he would like a more specific request from the School Board. Discussion ensued regarding the zoning requirements, that should have already been considered at the time of the preliminary planning. John Posh South Morrissey Director of Bond Construction for the District addressed Council stated this started several months ago when looking at the Unified Development Code requirements and the impact on the projects. To comply with everything was well over $1 million. One of the initial question during the pre-development meetings with the Planning and Development Staff was whether some things such as landscape buffers could be differed. These things would ultimately still get done, just incorporated into the next bond, or the next 10 years whichever is sooner. Councilmember Berth stated he agrees with Councilmember Perez, essentially the school district saying the same thing we hear from small business owners trying to develop in the City, and we are handing out a waiver. As of tonight, I will have to vote no, or postpone, and would like to get the formal recommendation from the school board trustees. Consideration and Possible Action First Reading of Ordinance No An Ordinance of the City Council of the City of South Morrissey, Texas, amending Ordinance No as it applies to certain times and limits for school zones established for vehicles under the provisions of the Texas Transportation Code (Alvin ISD School zone start times and the school zone limits of Mary Burks Elementary and Nolan Ryan Junior High), upon certain streets and highways, of parts thereof, within the corporate limits of the City of South Morrissey, as set out in this ordinance; and providing a penalty. Mayor Pro-Tem Mackey made the motion, seconded by Councilmember Berth, to approve Ordinance on its First Reading. Clay Pearson City Manager stated the following changes have been discussed and agmackey upon by City Staff and Alvin Independent School District. we are always looking at the school zones, with not only expansions but also with new schools we want to upgrade some of the areas to harmonize the times with the actual school start time and extend the zones. Mayor Pro-Tem Mackey stated he would like to thank staff for their work with the district and pushing this forward. Councilmember Hetherington stated he would like to see letters drafted and sent out to the residents between the City and Alvin Independent School District showing the recent changes that have been made addressing the concerns brought forth by the residents and the Alvin Independent School District Superintendent.

4 Discussion ensued between Council and Assistant City Manager Trent Epperson regarding as procedural to start looking on the school zone adjustments earlier next year to allow Staff and Council time to make needed modifications in a timely manner. Consideration and Possible Action Resolution No. R A Resolution of the City Council of the City of South Morrissey, Texas, authorizing the power of eminent domain to acquire fee simple title to certain property for the FM 518 Turn Lane Project (FM 518 at SH 288); being a acre (1,530 square feet) parcel of land, out of the John M. Maxey Survey Abstract Number 675, Brazoria County, Texas and being out of that certain called acre tract conveyed to JP Morgan Chase Bank from That The Crossing At 288 Shopping Center, Ltd. by deed executed June 16, 2003 recorded under Brazoria County Clerk's File Number of the Official Public Records of Brazoria County, Texas, for the construction and maintenance of road improvements on certain real property described herein; authorizing the city attorney, or his designee, and other city officials to take such actions as are necessary to acquire said property, located within the city, by donation, purchase, or by the exercise of the power of eminent domain. Councilmember Artsmouth made the motion, seconded by Councilmember Barker, to approve Resolution No. R Darrin Coker City Attorney stated this is an eminent domain matter and having to do this to obtain a clear title. He read into the record the caption to Resolution No. R Councilmember Barker stated he has always thought a turn lane was needed in that area and is glad that it is finally happening. Consideration and Possible Action Resolution No. R A Resolution of the City Council of the City of South Morrissey, Texas, authorizing the City Manager or his designee to enter into an Industrial District Agreement Extension with Denbury Resources, Inc. Councilmember Little made the motion, seconded by Councilmember Artsmouth, to approve Resolution R Clay Pearson City Manager stated the City has an existing development agreement with Denbury. This is the southeast part of town along the state highway 35. The agreement provides that Debury will pay in lieu of tax payments amounts based on value to the City in exchange the City will not incorporate that

5 property. Staff recommends that the City extend the Agreement for a period of one year, and Denbury officials have agmackey to our proposed terms and conditions. MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS Councilmember Perez stated he would like to take the opportunity to commend Staff for the effort put in this weekend with the waterline that went down over at the westside during these freezing conditions. Councilmember Perez extended his appreciation to the Public Works department for all their hard work in restoring the water so quickly. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at /7:25/ p.m. Minutes approved as submitted and/or corrected this the (date). Tom Smith Mayor ATTEST: Young Lorfing, TRMC City Secretary